HomeMy WebLinkAboutMinutes City Council - 02/26/1991MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
February 26, 1991
2 P.M.
PRESENT
Mayor Betty Turner
Mayor Pro Tem Mary Rhodes
Council Members:
Cezar Galindo
Leo Guerrero
Tom Hunt
Edward A. Martin
Clif Moss
Frank Schwing*
Absent:
Joe McComb
City Manager Juan Garza
Interim City Attorney James Bray
City Secretary Armando Chapa
Mayor Turner called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Pastor Keith Smith of First Baptist Church in Flour
Bluff, following which the Pledge of Allegiance to the Flag of the United States was led by
Council Member Guerrero.
City Secretary Chapa called the roll and verified that the necessary quorum of the
Council and the required charter officers were present to conduct the meeting.
Mayor Turner called for approval of the Minutes of the Regular Council Meeting of
February 19, 1991, and Council Member Galindo noted a correction on Page 9. There
being no further corrections or additions, she proclaimed them approved as amended.
*Council Member Schwing entered the Council Chambers.
* * * * * * * * * * * * *
Mayor Turner recognized Mr. Ned Middleton Jr., Project Director of "Operation Safe
City," who outlined various aspects of the program and expressed the need for continuing
the program after this year which is the final year of the program. Afterwards, Mr. Charlie
MICROFILMED
Minutes
Regular Council Meeting
February 26, 1991
Page 2
Sedtal, President of the State Chapter of the World Safety Organization, presented a plaque
to Mayor Turner for her contribution to the safety program.
Mayor Turner called for petitions from the audience on matters not scheduled on the
agenda.
Mr. Jesse Hix, 2622 Segrest, commented on recycling and suggested that the city take
the lead in the recycling effort by using recyclable products.
Mr. Arthur Montalvo, 704 Atlantic, made suggestions in regard to revitalizing
business on the North Side.
Mr. Hal Wasson, 3101 Up River Road, attempted to speak on his platform for the
upcoming General Election, and Mayor Turner noted that this was not a proper forum in
which to address his political platform.
Ms. Shirley Justus, 4030 Rehfeld, and Ms. Elizabeth Airheart, 441 Paloma, spoke on
the composition of the Animal Control Advisory Committee and requested that it be
amended as outlined in the handout to include representatives from the Corpus Christi
Kennel Club, the Corpus Christi Obedience Club, and the Lost Pet Hotline.
Mayor Turner recommended that all interested individuals submit resumes, thus
enabling them to be considered for appointment to the committee.
Mr. Tony Rangel, 1761 Yale, a shop owner on Port Avenue and Horne Road,
expressed his dissatisfaction with the manner in which the construction has been conducted
on Port Avenue and Horne Road.
City Manager Garza, responding to a request from Mayor Turner, assured her that
an update on the project would be provided prior to the close of the meeting.
Mr. Dallas Franklin, 5210 Iroquios, remarked on several issues relative to the
construction at Port Avenue and Horne Road.
Council Member Hunt proposed requiring contractors to submit a completion time
frame on certain types of construction projects.
City Manager Garza stated that as a result of the Port and Horne Road Project, the
internal procedures have been changed to ensure that commercial business owners are
notified prior to the start of construction.
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Regular Council Meeting
February 26, 1991
Page 3
Council Member Moss recommended that each contractor be required to submit a
critical path schedule.
Council Member Martin reopened the issue of the composition of the Animal
Control Advisory Committee and explained that Ms. Justus and Ms. Airheart were
requesting that the ordinance establishing the committee be amended; therefore, he
requested a staff report on the matter.
Referring to comments made by Mr. Jesse Hix, Council Member Martin requested
a report detailing recycling practices the City has implemented within its departments.
Mayor Turner called for consideration of consent motions, resolutions, ordinances
and ordinances from previous meetings on Items 1 thru 6. A member of the audience
requested that Item 2 be withheld for discussion, and Item 4 was withheld at the request of
a Council Member.
City Secretary Chapa polled the Council for their votes and the following were
passed:
1. M91-042
Motion approving the purchase of a 50 H. P. tractor equipped with mower, disk
harrows and auger in accordance with Bid Invitation No. BI -0101-91 from Gulf
Tractor Company, Corpus Christi, Texas, based on low bid for the amount of
$18,997. The tractor will be used by Solid Waste Services for maintenance at the
landfills. This unit is listed in FY 90-91 Capital Outlay as an additional item.
The foregoing motion passed by the following vote: Turner, Rhodes, Galindo,
Guerrero, Martin, Moss, and Schwing voting, "Aye"; Hunt absent at the time the vote
was taken; and McComb absent.
3. M91-044
Motion authorizing the City Manager to submit an application for the Emergency
Shelter Grant Program (ESG) and execute all related documents pertaining to the
ESG Program.
The foregoing motion passed by the following vote: Turner, Rhodes, Galindo,
Guerrero, Martin, Moss, and Schwing voting, "Aye"; Hunt absent at the time the vote
was taken; and McComb absent.
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Regular Council Meeting
February 26, 1991
Page 4
5. M91-046
Motion awarding a contract in the amount of $317,690 to Black Brothers
Construction Company to construct improvements in J.D. Bock, Brighton, Holly, San
Carlos, Sugar, and Oso Creek Parks.
The foregoing motion passed by the following vote: Turner, Rhodes, Galindo,
Guerrero, Martin, Moss, and Schwing voting, "Aye"; Hunt absent at the time the vote
was taken; and McComb absent.
6. SECOND READING
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE
CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT TO EXCHANGE
PROPERTY USE REGARDING MARY GRETT SCHOOL AND JOHN JONES
PARK FOR PUBLIC PURPOSES.
The foregoing ordinance was passed on second reading by the following vote:
Turner, Rhodes, Galindo, Guerrero, Martin, Moss, and Schwing voting, "Aye"; Hunt
absent at the time the vote was taken; and McComb absent.
Relative to Item 2, purchase of five 72" rotary mowers, Mr. Jimmy Till, 1265
Southern Minerals, commented that the City should buy larger, updated equipment and
stated his willingness to serve as a consultant.
Council Member Martin expressed concerns pertaining to Item 4, an amendment to
the agreement with Goodwill Industries of South Texas. He questioned the appropriateness
of amending the original agreement and formulated various alternatives for dealing with
organizations who cannot fulfill their agreements for projects funded by CDBG funds. He
and Mayor Turner questioned the organization's ability to operate the facility.
City Manager Juan Garza and Mr. John Owen, President of Goodwill Industries,
attempted to clarify what comprised the $162,000 raised by the organization as its one-to-
one matching requirement as stated under the CDBG agreement. Mr. Olen assured the
Council that the organization would be able to meet its operating costs.
Mayor Pro Tem Rhodes expressed support for the amendment, but stressed the need
for implementing a well-defined policy covering procedures for dealing with organizations
who fail to comply with their agreements.
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Regular Council Meeting
February 26, 1991
Page 5
The Council delayed a decision on Item 4 pending verification of the $162,000
raised by Goodwill Industries.
City Secretary Chapa polled the Council for their votes and the following motion was
passed:
2. M91-043
Motion approving the purchase of five 72" rotary mowers and four utility trailers in
accordance with Bid Invitation No. BI -0075-91 from Turf & Irrigation, Corpus
Christi, Texas based on low bid and best bid for a total of $37,266. One mower will
be used by the Wastewater Department; four mowers and trailers will be used by the
Park & Recreation Department. All items are included in the FY 90-91 Capital
Outlay as replacement items.
The foregoing motion passed by the following vote: Turner, Rhodes, Galindo, Hunt,
Martin, Moss, and Schwing voting, "Aye"; Guerrero absent at the time the vote was
taken; McComb absent.
Mayor Turner called for consideration of Item 7, Amending the Code of Ordinances
as it pertains to Public Utilities, Section 55-25 and 55-27.
City Manager Garza recommended that Council pass the Ordinance with the
proposed amendments as prepared by Interim City Attorney James Bray. He noted that the
wording "the refund shall be through a credit in the customers account" has been deleted
and stated that Council could direct him to refund the deposits by check or by credit.
City Manager Garza responded to specific questions posed by Council Members
concerning various aspects of the refunding policy.
City Manager Garza proposed a contest in which citizens would be encouraged to
submit their oldest receipt for deposit or oldest water or wastewater bill and the City would
provide a prize such as a gas lamp.
In response to a question posed by Council Member Martin, City Manager Garza
clarified that under Section B of the Ordinance and based on Council's direction, he would
instruct staff to begin refunding commercial deposits immediately.
Council Member Schwing made a motion to amend the proposed ordinance
amending Sections 55-25 and 55-27 of the Code as follows: (a) Substitute the following for
the third paragraph from the end of Section 1: Effective August 1, 1991, deposits shall have
Minutes
Regular Council Meeting
February 26, 1991
Page 6
been refunded, without interest, to individual residential customer accounts which, while
served continuously during the preceding 12 months, were not disconnected and did not
receive two delinquent bills, and which are not currently in arrears; and (b) substitute the
following for the second paragraph from the end of Section P Effective August 1, 1991,
deposits shall have been refunded, without interest, to individual commercial customer
accounts which, while served continuously during the preceding 24 months, were not
disconnected and did not receive two delinquent bills, and which are not currently in
arrears; seconded by Council Member Moss and passed unanimously by those present and
voting.
A brief discussion ensued relative to the procedure followed in securing residential
deposits.
There were no comments from the audience.
In response to Council Member Schwing's inquiry concerning reconnect fees, City
Manager Garza related that based on the staffs survey findings, he would recommend
maintaining the current $10 reconnect fee.
Mayor Pro Tem Rhodes made a motion to amend the proposed ordinance amending
Sections 55-25 and 55-27 of the City Code by adding the following paragraph at the end of
Section 2: A customer shall claim refund of a deposit owned by the City no later than one
year after termination of service to the account to which the deposit applies, thereafter, such
deposit shall become City property; seconded by Council Member Guerrero and passed
unanimously by those present and voting.
City Secretary Chapa polled the Council for their votes and the following Ordinance
passed on second reading as amended:
7. SECOND READING
AMENDING THE CODE OF ORDINANCES, CHAPTER 55, UTILITIES, BY
AMENDING SECTIONS 55-25 AND 55-27
The foregoing ordinance was passed on second reading as amended by the following
vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, Moss, Schwing voting,
"Aye"; McComb absent.
i t Y i i► i Y Y t i t t
Mayor Turner opened the public hearing on the closure and abandonment of the
south 150 feet of a north -south alley from Breakwater Avenue toward Bridgeport Avenue
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Regular Council Meeting
February 26, 1991
Page 7
in Block 53, Brooklyn Addition, subject to applicant replatting the property within 180 days;
payment of $10,500 as fair market value; and compliance with the specified conditions.
No one spoke in regard to this closure.
A motion was made by Council Member Guerrero to close the public hearing;
seconded by Council Member Galindo; and passed unanimously by those present and voting.
City Secretary Chapa polled the Council for their votes on the ordinance effecting
the closure and it passed on first reading as follows:
8. FIRST READING
CLOSING AND ABANDONING THE SOUTH 150 FEET OF A NORTH -SOUTH
ALLEY FROM BREAKWATER AVENUE TOWARD BRIDGEPORT AVENUE
WITHIN BROOKLYN ADDITION, BLOCK 53; SUBJECT TO THE PROVISIONS
LISTED BELOW.
The foregoing ordinance passed on first reading by the following vote: Turner,
Galindo, Guerrero, Hunt, Martin, Moss, and Schwing voting, "Aye"; Rhodes absent
at the time the vote was taken; McComb absent.
Mayor Turner introduced Mr. Al Hardin with Aqua Park Inc. and Mr. Dennis
Dolman who described the proposed miniature golf course to be built in the area where the
alley is being closed and announced that the golf course would open in May.
Bill Hennings, Director of Development Services, referenced various documents to
verify that Goodwill Industries has raised $162,000 for the project and a brief discussion
ensued.
City Secretary Chapa polled the Council for their votes and the following motion was
passed:
4. M91-045
Motion authorizing the City Manager to execute an amendment to the agreement
with Goodwill Industries of South Texas, Inc. to reduce the size of the facility from
approximately 6,600 S.F. to approximately 3,300 S.F. and to allow for an extension
to begin construction.
Minutes
Regular Council Meeting
February 26, 1991
Page 8
The foregoing motion passed by the following vote: Turner, Galindo, Guerrero,
Hunt, and Schwing voting, "Aye"; Martin and Moss voting "No"; Rhodes absent at the
time the vote was taken; McComb absent.
■ i f i t• i i i t t• f
Mayor Turner called for discussion of legislation which is pending or may be
proposed at the 72nd Texas Legislature.
Victor Medina, Director of Public Utilities, briefed the Council on pending legislation
on the State Plumbing Fixture Efficiency Standards which would require usage of low
volume plumbing fixtures and recommended incorporating these changes into the City's
conservation ordinance.
Council Member Guerrero moved to concur with the aforementioned
recommendation; seconded by Council Member Galindo and passed unanimously by those
present and voting.
Director Medina continued by commenting on the negotiations which have taken
place related to water releases from the City of Corpus Christi's reservoirs. He
recommended reducing the storage capacity levels required for implementation of
Conditions II, III, and IV and stated that these recommendations would be presented to the
Texas Water Commission for their consideration.
Director Medina answered a series of specific questions posed by Council Member
Moss.
Council Member Rhodes requested a short written explanation on the Choke Canyon
Dam situation.
Council Member Martin requested a one-page synopsis of the water release issue,
including the City's position and the Texas Water Commission's position on the matter.
Tom Utter, Director of Public Works, reported on pending legislation regarding the
sale of tires and urged Council to support HB 825 because it allows the City and/or County
to adopt and collect a fee of one dollar for each tire sold with the funds collected to be used
for cleanup and disposal of tires.
Council Member Guerrero made a motion to support HB 825; seconded by Council
Member Schwing and passed unanimously by those present and voting.
Minutes
Regular Council Meeting
February 26, 1991
Page 9
Mayor Turner called for the City Manager's report.
City Manager Garza reported that Fire Chief J. J. Adame had been called up to
active duty in the reserves, and that First Assistant Fire Chief Irwin has been appointed to
act in the Chiefs capacity during his absence.
* * * * * * * * * * * * *
Mayor Turner called for reports from the Council.
Referring to the creation of the Regional Water Coordinator Position, Mayor Turner
urged the City Manager to quickly establish this position.
City Manager Garza explained the complexity of this position and inferred that more
than one position may have to be created to adequately represent the region.
Council Member Martin recommended that staff draft an interlocal agreement on
the issue.
City Manager Garza informed Council Member Martin that the school graduation
issue would not be a problem this year, and that he would follow up with a written report
on the matter.
Council Member Galindo remarked on the vacant lot on Greenwood owned by the
City and stated that the trees needed to be trimmed.
Council Member Guerrero encouraged the staff to proceed with the rezoning needed
on North Beach to accommodate future development projects.
* * * * * * * * * * * * *
Carl Crull, Director of Engineering, explained the problems which have been
encountered on the Port and Horne Road construction project and stated that the
construction company had advised him that the job would be completed in two or three
weeks.
Various options for expediting completion of the project were discussed.
Council Member Galindo expressed reservations about the statement that the project
would be completed within two or three weeks.
Mr. Crull responded to various questions posed by Mr. Franklin. Following the
exchange, Mayor Turner asked Mr. Crull to personally inspect the job site.
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Regular Council Meeting
February 26, 1991
Page 10
Mr. Crull agreed to set up a morning meeting sometime this week with the business
owners affected by the construction, as recommended by Council Member Martin. He
stated that he would report back to the Council on this issue.
s s a a s s s a s s s s s
There being no additional business to come before the Council, Mayor Turner
declared the Council Meeting adjourned at 3:40 p.m. on February 26, 1991.
I HEREBY CERTIFY that the foregoing is a true and correct copy of the Minutes
of the Regular Council Meeting of the City of Corpus Christi of February 26, 1991 which
were approved by the City Council on March 5, 1991.
WITNESSETH MY HAND AND SEAL, this the 26th day of April, 1991.
An4t*-51 diet --
Armando Chapa
City Secretary